GURVINDER SINGH Vs. PRESIDING OFFICER, ELECTION TRIBUNAL

JUDGEMENT

(1.) The present appeal is directed against order dated 10.2.2010 passed by the Presiding Officer, Election Tribunal (Sub Divisional Magistrate), Dhuri, by which election of the appellant to the post of Sarpanch of Gram Panchayat, Maha Singh Wala, District Sangrur, has been set aside.

(2.) In brief, the facts of the case are that election to constitute Grain Panchayat Maha Singh Wala was held on 26.5.2008 in which seven panches were elected including the appellant. Thereafter, election for the post of Sarpanch was held on 19.7.2008 and the result was declared on 20.7.2008, in which appellant was elected as Sarpanch. His election was challenged by four members of the Panchayat on the ground that the appellant was not enjoying the confidence of the majority of the members and has been wrongly declared elected as Sarpanch by the Returning Officer under the political influence. The Election Tribunal allowed the election petition on the ground that though the meeting was held on 19.7.2008, in which election of Sarpanch was held through secret ballet, yet the votes were not counted on the same day rather votes were counted on the next day on 20.7.2008. On account of this fact, it was held by the Election Tribunal that the election has not been held in accordance with law. Consequently, the election of the appellant was set aside and it was ordered to be held afresh by appointing some responsible person as Returning Officer.

(3.) Aggrieved against the order of the Election Tribunal, appellant has preferred this appeal 'inter-alia' alleging that the election petition, by itself, could not have been entertained by the Election Tribunal, as it has been filed beyond the period of limitation. It is submitted that the period of limitation, as prescribed under Section 76 of Punjab State Election Commission Act, 1994 (for short 'the Act'), is 45 days and the Election Petition cannot be filed after the said period as the limitation cannot be extended even for a day and if the election petition is not filed within the prescribed period or is filed in violation of Section 76 of the Act, then the election petition is to be dismissed in-terms of Section 80 of the Act. As a matter of fact, it is submitted that the election petition has been filed on the 46th day. In support of his contention, learned Counsel for the appellant has relied upon a decision of this Court in the case titled as Ajit Singh v. Nusrat Ali Khan,1997 4 RCR 460 and a decision rendered by the Bombay High Court in the case of Ashok Shankar Gholap v. Krishnarao H. Deshmukh and Anr., 1980 AIR(Bom) 224.